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Evan Mitchell Kleiman

Evan Kleiman’s Answers

132 total


  • Will the case be dismissed? Will I get arrested for not being there?

    I asked for a restraining order but then I dropped it. On that same week of court I left the country. Charges were put against him and I faxed a letter staying that all I wanted was a restraining order and also sent proof of travel. If I would hav...

    Evan’s Answer

    If you were not lawfully subpoeanaed to attend a court hearing then you are okay. If you fail to honor a lawfully issued and served subpoena then you may be held in contempt. It does not sound like you were subpoenaed from you wrote here

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  • I have a 19 year old daugther who was charged with petty theft for 154.00. This is her first offense. She was given a court

    date. It was in Tallahassee florida, leon county. Do we need to obtain a lawyer for the court date?

    Evan’s Answer

    If this is her first offense she may qualify for Pre Trial Intervention (P.T.I.) This is a program that will help keep her record clean. If she succesfully completes P.T.I then the State will drop charges. She may then be eligible to have her record expunged which is invaluable for her future. A criminal defense attorney makes all of these things much easier. I reccomend that you retain an experienced criminal defense attorney to help protect your daughter's rights and her future. Good Luck

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  • I got arrested , than case dismissed , because I wasn't the owner of the beer license, no charge or conviction Been placed

    I applied to law school and for get to disclose it ? What should I do

    Evan’s Answer

    I agree with my colleagues and I would also want to add that at this point in time YOU SHOULD NOT petition the court to seal/expunge your record. The reason for this is because when you apply for admission to the Florida Bar they will make you un-seal it and this is a hastle. Since the arrest was not serious and it was dismissed you should not make it serious by not telling the absolute 100 percent truth about it.

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  • Should I apply for early termination of community control or only modification of supervision to probation?

    I was placed on one years community control, and have finished 5 months without any problems. Next month, I would like to either apply for early termination, or have my supervision modified to a regular probation. Now, I have completed everything...

    Evan’s Answer

    A judge is much more likely to convert the remainder of your community control to probation. Then once you have completed half of the probationary term you should move for early termination. Good Luck

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  • I was in some trouble back in 2009

    I had to 2 burglary and 2 grand theft all on one case. I was not convicted they gave me probation and I was told that it was withheld with adjudication by the court . My question is can I seal or expunge this ? And how much would it approximately ...

    Evan’s Answer

    If you were charged with Burglary of a DWELLING then you are not eligible.

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  • Can I pass character&fitness application required by the state bar if I was arrested and case is dismissed? (ACD)

    When I worked at grocery store police arrested me, because beer and liquor license is not posted , but I am not the owner, so the case got dismissed, and also the owner has a license

    Evan’s Answer

    I agree with mu colleague. You should be fine but make sure you disclose the incident and provide a detailed and factually correct explanation.

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  • I need help with a weed possesion charge less than 20g 3rd time / never been convicted.

    I just got a PTA for.. 1 misdemeanor count of possesion of canibus. I have been arrested 3 times for this same charge before...but never convicted. I have read the statutes and see that I'm facing a year in jail... That was enough for me to put t...

    Evan’s Answer

    You should definitely retain an experienced criminal defense attorney. If convicted you are facing up to a year in jail and a mandatory 2 year driver's license revocation. You may have viable legal defenses that should be explored. An experienced attorney can investiagte your case and advise on how to proceed. It may also be possible to avoid the adjudication and jail time but this will not happen on its own without the efforts of an attorney. As far as fees go - they vary based on the skills, experience and reputation of the attorney.

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  • If you are a minor and took the Diversion program can the files be expunged after?

    If it was felony can it be expunged after the program or no. When the program is done i will still be a minor.

    Evan’s Answer

    Yes they can. You should be aware, however, that you can only seal/expunge when criminal history record in your entire life.

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  • My son was arrested for battery touch or strike. He had is first appearance and I told the judge I was not pressing charges.

    All he did is got mad because I would not let him use my car and he tugged on my hair and said I was not being fair. He did not pull hard and did not hurt me. He was just yelling and screaming and my youngest son got scared and called the police...

    Evan’s Answer

    If the State Attorney issues a lawful subpoena then you are required to honor the subpoena. In the absence of a subpoena you are not compelled to attend. Tugging on your hair is considered a battery. Only the State has the legal perrogative on whether or not to file charges. You are merely a witness in the State's case and have no standing to determine whether criminal charges are filed or not. You can advise the State Attorney that you do want to press charges but the ultimate decision is theirs.

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  • I was detained in a store's loss prevention room for shoplifting. I offered my purse to the police to prove I did not steal

    After I left the room the loss prevention staff ran out and said they found cocaine in the LP office that was supposedly "sterile" when I went in for questioning. So now I am charged with cocaine possesion, and I have never done a drug in my life!...

    Evan’s Answer

    Was there a law enforcement officer in the room when you were questioned or just the store's loss prevention staff? This will make a substantial difference. Obviously loss prevention staff has no authority whatsoever to arrest you so it could very well be your word against theirs. I agree with my colleagues. Get an experienced criminal defense attorney. This case sounds odd and has problems. Good Luck

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